ORS 114.435
Power to avoid transfers


The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 §140]

Notes of Decisions

A suit by the personal representative of an estate to set aside transfers of property needed for payment of the claims of creditors is limited to such suits as are “necessary” for the payment of such claims. Hendrickson v. Warburton, 276 Or 989, 557 P2d 224 (1976); Ledford v. Yonkers, 278 Or 37, 562 P2d 970 (1977)

§§ 114.255 to 114.435

Notes of Decisions

Where ORS 30.070 grants personal representative “full power” to settle wrongful death claim with approval of probate court and does not require notice to beneficiaries or grant them right to intervene in proceeding to approve settlement but only to be heard as matter of right regarding allocation of proceeds, if personal representative breached fiduciary duty, beneficiaries have remedy under ORS 114.395 and 114.405. Hughes v. White, 41 Or App 439, 599 P2d 1147 (1979), aff’d 289 Or 13, 609 P2d 365 (1980)


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Last accessed
May. 15, 2020